Roberts v. Rhodes

231 Kan. 74, 643 P.2d 116 (1982)

 

RULE:

In the absence of an intent to limit the title shown in a conveyance, either expressly or by necessary implication, the grantors pass all the interest they own in real estate.

FACTS:

The original deed to the school district conveyed title to the tracts of land "for school purposes" but did not contain language of reversion or other language of limitation. For sixty years, the property was used for school purposes. Defendant purchasers acquired the tracts by conveyance from the school district. Plaintiffs, a husband and a wife, claimed title to the tracts by reversion because the lands were no longer used for school purposes. The trial court found in plaintiffs’ favor, and the court of appeals reversed the trial court’s judgment. On plaintiffs’ appeal, the state supreme court affirmed the court of appeals’ judgment.

ISSUE:

Did the conveyances to the school district express an intent to pass a less estate than one in fee simple?

ANSWER:

No.

CONCLUSION:

The original deed conveyed a fee simple estate to the school district. The conveyances ran to the heirs and assigns of the school district. The mere expression that the property was to be used for a particular purpose did not in and of itself suffice to turn the fee simple into a determinable fee.

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